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Criminal Law

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I want to find out if someone who got criminal charges and…

Customer Question

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I want to find out if someone who got criminal charges and had in that casea court ordered mental evaluation and was found to be incompetent to standtrial then the competency was restored as an outpatient, then they were diagnosed with Cognitive Disorder NOS which is a mental condition, then theygot a plea bargain and two years of mental health treatment and probation as part of a plea bargain where they pled guilty to a misdemeanor, then three years later they got the case expunged or vacated because it waspossible three years after the probation, then after that they somehow got intotrouble again, just a misdemeanor, no violence or alcohol or lewd conduct, sayit was reckless driving, or similar, would their history trigger a mental healthevaluation ordered by the court in the new case most likely, or would theyhave the same chance as someone without that history in avoiding a courtordered mental health evaluation? IF an outpatient condition is found, are people generally able to get that type of treatment rather than being committed to the state hospital for criminals in a case/cases like this?

Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Verified

This would not trigger another mental health evaluation unless their mental health was raised by the defendant or the charges are related to the mental condition of the defendant.

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If the person is accused of some type of assault or some type of crime where their behavior or mental stability is in question. For speeding or DUI it is not likely any mental exam would be ordered. If they are examined, it all depends on the seriousness of the crime they are accused of as to whether or not it will be outpatient or the state hospital. The more serious the charge the better chance that it will be in patient.

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Customer reply replied 7 years ago

So the person with Cognitive Disorder NOS, would if they had that and continued

to have it, that would not automatically trigger a court ordered mental evaluation

by the state in some circumstances? Would that person have an equal chance

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).